Chapter 13 dismissal

[msjenni1970]

In 04/2004 I filed a Chapter 13, but it was dismissed before it even began because I was unable to attend the meeting of creditors. I am now considering re-filing a Chapter 13. The new BK laws state that you are unable to file a second Chapter 13 for 2 years after a discharge.

Does anyone know if this is the case for a dismissal as well???

[StaciMM]

No, it does not apply for dismissal. Sometimes when a BK is dismissed there might be a limitation put on how long til you can file again. That would generally happen when there was abuse involved. I read about a case in my district where one person filed ch. 7 5X in 2 years. He always filed pro se, and just w/ an emergency petition (including schedule of creditors) and application to pay the filing fee in installments, without actually making a payment. He would never send in anything more, and after a few months it would be dismissed. After the 5th one, he was barred from filing again. Don't recall how long, I think somewhere between 2-5 years. I guess he was just taking advantage of the automatic stay, perhaps to put off foreclosure, and is a good example of why the new BK laws limit the automatic stay if you now have to file again after being recently dismissed.

[Minnymouth]

You shouldn't have any problems, go ahead and refile....